Are you Checking the PMP Before Prescribing? Pharmacy Board Audits of PMP Data

The Arizona Controlled Substances Prescription Monitoring Program (“PMP”) was established in 2007 and provides the State of Arizona with a central database to track the dispensing of controlled substances.  The PMP is designed to assist providers in making better-informed decisions and help “prevent the diversion and misuse of controlled substances at the provider, pharmacy, and…

The Eliminating Kickbacks in Recovery Act – Enforcement Trends & Effects on Employment Arrangements

The Eliminating Kickbacks in Recovery Act (“EKRA”) was enacted in 2018 in an effort to address fraud occurring in substance use disorder (“SUD”) treatment.  EKRA prohibits paying, receiving, or soliciting remuneration in return for patient referrals to laboratories, recovery homes, and clinical treatment facilities.[1]  Under EKRA, clinical treatment facilities are defined broadly to include, “a…

Emergency Rulemaking Expands AHCCCS’ Exclusion Authority

AHCCCS has broad authority to exclude participating providers from its program.  For example, AHCCCS may terminate a provider’s AHCCCS participation agreement if the provider fails to comply with their provider participation agreement, or with federal and state laws, rules, or regulations.  AHCCCS must also suspend payments pending an investigation of a “credible allegation of fraud”…